Page:Federal Reporter, 1st Series, Volume 9.djvu/861

8e6 FEDSBAL BEFOBTSR. �"carried a light from her breast-hook, and the steamer was liailed and told to keep off." These cases are, theiefore, plaiuly to be dis- tinguished from the present, since the Eepplier, although at anclior in the stream in a dark night, afforded to the steamer no means of knowing her position until too late to avoid the collision. The prin- ciple of the above cases cannot be here applied unless it be found that the Eepplier was at anehor at such a place in the river that the steamer had no legal justification or excuse for coming into her neighborhood. �It is impossible to reconcile the testimony of the different wit- nesses as to the precise place of anchorage. The captain, the mate, and the cook of the Eepplier, and the captain of the Alexandria, all give the bearing of the light by the compass, and their estimate of its distance. AU except the mate testify that the light bore N. N. W. from the place of anchorage; the mate testifies that it bore N. by W.; the iibel states that it bore N. W. nearly a mile distant, and the captain of the Alexandria gives the same estimate of distance; while the captain of the Eepplier gives the distance at about half a mile from the light, and Eoy, the colored lad, at somewhat less. By reference to the chart, which is put in evidence, it will appear that a distance of half a mile from the light upon a course N. N. W. from the place of anchorage, as testified to by three of these witnesses, wonld locate the vessel in mid-channel, in at least 18 feet of water, and right in the usual track of steamers ; and the location and dis- tance as given by the Iibel would also fall in the same track. The captain testified that he coald not tell whether the place of anchorage was in the channel or not ; that the schooner drew, loaded, eight feet, and, with the center-board down, seven feet more ; that he came to anehor before hauling up the center-board, and that he could not have proceeded much further away from the channel with the center- board down. A depth of only 15 feet could be reached within the distance of half a mile from the light, only directly abreast of it, at a point from which the light would bear N. E. by E. instead of N. N. W., as three of the witnesses agree in stating ; that is, at a point at least half a mile further up the stream than the place assigned through the compass bearings given by the libellant's witnesses. The mate testifies that the place of anchorage was about abreast of the light ; that is, directly across the river. The captain of the Alexan- dria says they were a little below the light. . As the river is four miles wide and the shore irregular, any observation of the place of anchorage, as to whether it was abreast of the light or directly across ��� �